HomeMy WebLinkAbout130469 THE BRENDLE GROUP - PURCHASE ORDER - 9134569Fort Collins
Date: 08/29/2014
Vendor: 130469
THE BRENDLE GROUP INC
212 W MULBERRY ST
FORT COLLINS CO 80521
PURCHASE ORDER
PO Number Page
9134569 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 08/20/2013 Buyer: ED BONNETTE
Note: PER 7517 CLIMATE CHANGE ADAPTATION PLANNING FACILITATION CONTRACT
AWARDED TO BRENDLE GROUP.
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 Reduce PO Funds 1 LOT EA
-531.50
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
Total-$531.50
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Turadsand C dT
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By etwum the City of Fort m Collins is exempt fmslaw and local nixes. Our Esempllon Number is
98-04502. PedcFederalExcise Tas Encmp,ion Certificate of Registry %4f1JW58] is registered with the Collarar of
I L NON WAIVER.
Purchase ro insist upon strict performance of the remu and conditions hereof, failure or delay to
Failure of the a t edies provided horein or law, failure to d ..fill the Seller in the evem of a
exercise any or rem pmvi y pmmp no , y
Internal Revenue, Denver, Colorado (Ref. Coloado Revised Samres 1973, Chapter 39-26, 114 (a).
a
bench, Clue ucepam'e Ofor payment for goods M1eremder m approval of the Design, shall fret release the Salle or
imp i
Gawk Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defecs of
any of the ex aanties or obligations of runs purchase order and shall not be deemed a waiver of any right of the
to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
damage in transiL may he retumed to You for credit and are out to ed replaced except upon receipt of women
purchaser
of when shipped, received or was pteA ex to any prior or subsequent default hereunder, nor shall any purported
imtructicers fmm the City of Fon Collins.
cal medifmtion or rescission of this purchase order by the Purchuer .plow, to a waiver of any of the terns
Inspection. GOODS are subject no the City of Fun Collis inspection an method,
hereof.
Final Acceptance. Receipt of the meahrodiu, services or equipment in response 10 this order an result in
authorized payment on the pan of the City of Fun Collins. However, o is m be undersuiod that FINAL
I2. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the PurcM1aze maxamoc that in actual economic pmcdce, m'rmfges resulting from anlilmn
ACCEPTANCE is dependent upon completion i f all applicable requiiN inspection procedune,
violations are in fact home by the Purchaser. Theremfore, for good cause and as consideration for escalating this
purchaser order, the Seller hereby coigns m the Purchaser any am all claims it may now have in hcreafer
Freight Terms. Shipments must be F:O.B.. City of Fall Collins, 700 Wood SL, Too Collins, CO 80522, unless
otherwise apecifiedl on this aide,. If perminion is givea m prepay ganglia and charge separately, the original freight
bill muss accompany invoice. Additional charges for peeking will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected fmm the coarsest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made how greater distance.
Permit. Seller shall mneme at sellers sale cost all necessary permits, certificates and licenses required by all
applicable laws, regulation; ordinances and rules of the sate, municipality, remmry or political aubdlvisioa where
the work is p,timwd, or regniied by any artier duly constitmed public authority having jurisdiction over the work
of vendor. Salle, 1'umhcr a,mo, to bold till City of Fort Collins harmless Rom end against all liability and ],is,
inconed by them by moron of assented Or established violation of any such laws, regulations, ordinances, mica
and re9aimanno.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
omplem authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terms and conditions aimed
herein set forth and any supplementary or additionN terms and condilions aanexed herein or incorporated herein by
reference. Any additional or different menu and conditions proposed by seller are objected 10 and hereby ojecmd,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is Offal revenue. Delivery and Performance must be effected within the time
sorted on the purchase order and the document, attached hereto. No acts of the Pundams including, without
limitation, acceptance of Wnial late &divans, shall opcmm az A waiver i f this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of Placing this order elsewhere
and holding the Seller liable for damages. However, the Seller stall not be liable far damages as a remh of delays
due so causes not reasonably foreseeable which are beyond its reasonable control aril wi0tom its fault of negligence,
such acts of God, acts ofcixil or military authorities, govemmmal priorities, fires, strikes, Rood, epidenda, wars.1
riots provided that mance, of the mnddiore causing such delay is tole. t. 'be Irrational within five (5) days of the
time when the Seller fear received knowledge thereof In the event of any such delay, the dam of delivery shall b ,
extended for the penal equal m the time actually two by rrawn i f the delay.
3. WARRANTY.
The Seller warrants that all goal.', articles, materials and work covered by this older will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
miles nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the
Purchaser may sufferer incur an account ofthe Sellers breach of warunty. The Seller shall replace, repair or make
good, without cost o the purchaser, any defects or mall, arising within one (1) year or within such longer partial of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the data of
acceptance of the grads famished hereunder (acceptance oat to be m e .. ably delayed), reselling from imperfect
or defective work done Or materials punished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend mi all damages proximately caused by the breach of any of the foregoing waramm,
or guarantees, but inch Iity shall in no ent include less of profits or loss
OR MF.RCHANfN111.11 YO OFFITNESS FOB PURPOSE SHALL APPLY.
f use.NOIMPLi[D WARRANTY
4. CHANGES IN LEGAL TE RMS. v
1W Purchaser may make changes to legal lams by wrimnn change order.
5. CHANGES IN COMMERCIAL TERMS.
The Pomhmer may make any us nges to the moms, other than legal tams. including addniom to or dchrome from
the quantities originally ordered in rbe specifications or drawings, by verbal or women change order. If any such
change alTecn the amount due or the time afperformanw hemander, an equitable ablestmrnl shall be made.
6. TERMINATIONS.
The purchaser may a1 any time by written change orde, t aregro a this agrecmem az ro any or all ,onions of the
goods then not shipped, subject to any equitable adjustment between the panic as to any work or materials then in
progress provided that the Purchaser stall not be liable for any claims for eadmipmed profits on the uneompletad
,limns ofthe grads andor work, for incidental or consequential damages, and that no such adjustment be made in
favor e f the Sella with respell to any goods which art the Sellers standard stork. No such mrrninalim shall relieve
the Purchaser or the Seller ofany of their obligations as m my good delivered heeunder.
]. CLAIMS FOR ADJUSTMENT.
A, claim for adjustinem must b, secured within thirty (30) days from the dam the change o1 termwti es is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wormms that .11 good sold Seremder shall have been produced sold, delivered And famished in strict
compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and
deliver such documents as may be requited to effect or evidence compliance. All laws and regulations required to be
ncorpooted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchuer harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to amply wirh such law.
9. ASSIGNMENT.
Neither party shall ussigo transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other parry.
10. TITLE.
The Seller wwassom PoII, clear and unrestricted title to the Purchaser for all equipment, materiak, and items fumished
in performance of this agreement, file and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
requited under federal or sale antitrust laws for such overcharges oilman to the particular goods or secoces
purchased or acquired by the Purchaser pursuant W this purchase Order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser diners the Sella to cored nonconforming or defective good by a date to M agreed upon by the
Purchaser send the Seller, and the Seller themerm, indicates its instantly or nowillingneas to comply, the Purchaser
may cause the work to be performed by the most expeditious teems available to it, and the Sella shall pay all
costs estimated refill such work.
'[lie Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
esulfmg from the performance of such work.
'Ibis release shall apply even in the clear of fault of negligence of the pony released all shall extend In the
doxams, nfiirm, and employees of Such any,
The Seller's contractual obligations, including warranty, shall not be deemed m be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is requited to use any design, device, material or process covered by letter, patent, trademark
or copyright, tlw Seller shall indemnify and save harmless the Purchaser from any and all claims For infringement
by reawn of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify clue Puwhow, for any over, expense or damage which it may be obliged 10 pay by rmmn ofxOch
infringement many time during the prowention or after die completion of the work. In cos said equipment, or
any urn therm, or the intended use of the goods, is in such mil had sa mnNmm infringement and the use of
said muipmew or pan is enjoined, the Seller shall, at its own expense and at its.,,ion, either procure far the
Purchaser the right to continue using said empirical or parts, replace the lame with substantially equal but
wninfringing equipment, or modify it so it becomes moninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpl make an assignment for 0e herein of cieddifis appoint a
or trwme for any of she Sellers pmpry or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of,cmrs used or the interpretation ofthe agreement and the rights ofall pries hereunder shall be
construed under and governed by rile laws ofthe Sane ofColoradb, USA.
The following Additional Conditions apply only in cases where the Seller is o perform work hereunder,
including the services of Sellers Represenmtillm), an the premises of othen.
17. SELLERS RESPONSIBILITY.
1be Sella shall carry on mid work ed Sellers own risk until the same is fully complaed and accepted, and shall,
in w of any accident, destmetion or injury to the work a-Vor materials before Seller's final completion and
wircurace, complete the work or Seller's own expense and to the satisfaction ofthe Purchaser. When materials
and equipment are fumished by others for installation or erection by the Seller, the Seller shall receive, unload,
stare and handle same at the site and become m ls.mible therefor ns demIll such mmein, mu lau equipment
were being Pomished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the Payment of workers compemalion, including occupational
disease humerus, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the slam in which the work is to be done. The Seller
shall also luny comprehensive general liability including. but not limited to, contmetual and automobile public
liability insurance x'nh Party injury and death liens of w least S3M,N0 for any one Perim. Saplings for any
one accidenl and pmpeny damage ],ran per accident of 5400,000. The Seller shall likewise require his
contivcmn, if any, to provide for such compensation and insurnce. Before any of the Sellers or his contractors
employees shall do any work upon the pre rom of Offices the Seller shall Flemish the Purchuer with a cenifrcam
that such compersatian anal iuurvnce have been remotest. Such cenifemes steal specify the dam when such
ompeuotion and insurance have hem Provided- Such emirates shall specify the dale when such compensation
and insurance expires. The Seller agrees that such wmpewalion and harmonic shall be maintained until mer the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes die entire responsibility and liability for any acid all damage, loss or injury of., kind
r nature whasoevxr m persons or property caused by or resulting fmm the execution ofthe work prodded for in
,his pumb'o• order or m ammcrion herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, officers, agents will employeefroroads m and against any all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons Or property to which the Purchaser may
he put or subject by reason of any act, action, neglect, omission or default on the For of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In caw any suit or other
proceedings shall be brought against else Purchases, or its officers, agents or employees at my time on account or
by flown of any on, action, neglect, omission or defaull of the Seller of any of his contractors or any of its or
their ofr ere., agents or employees as aforesaid, the Seller hereby agrees 1. assume the defense thereof and m
defend the mine at the Sellers own expense, to pay any and all costs, charges, atmmeys fees and other expenses,
any and AI judgments that may be incurred by or obtained against the Purchaser or any of its or their Officers,
agents or employees in such suits or other Proceedings, and in case judgment or other lien he placed upon or
Obtained agates, the property of the Purchaser, or said parties in or as a resod, of such sails or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, fomish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 072014